My mom was carrying my brand new baby sis(29years ago) and some kids left bicycles right outside the doors to the store....my mom couldn't see them in time and fell and my 2 day old sis got a concusion. Who's at fault, well all 3, 1 for not looking down, another for leaving their bikes, and another for not cleaning up the front of store...bottom line she just wanted the medical bill paid so that is what she did out of court. So that would be my advice, write a nice letter to the company or Manager and just let them know the deal.. **** happens, we all blow it, don't let lawyers get in the way of mistakes....I have spilled ice and water on my kitchen floor and forgot to pick it up and then watched in horror as my little ones flew across it on their head.............bad mommy
I'd suggest a letter to the grocery store owner/manager and explain your situation, ask to meet and come to an amicable agreement, at least for your medical expenses.
Include that you've persued legal ramification and would rather not subject either of you to that.
The law says that the property owner has duty to provide you,the consumer with a "reasonably" safe shopping experience.
Therefore, if your accident was because the grocery was not reasonably safe for your shopping experience, it's your duty to prove same.
The place the defense gets outa this stuff is when there are wet floor signs out and the consumer enters the area anyway. The judge can see that the owner did offer reasonably safe conditions and the consumer knew it.
Keep meticulous records of your expenses, see if you and the owner can't work out something that you both can live with.
Another thing that sounds ridiculous, but did anyone else see you fall in that store? Can you prove in court that your injury was sustained there?
Would any of those witnesses testify that s/he saw the glob of slippery stuff, you should have seen it too?
In our world, it should be as simple as you fell and caused bodily harm, you deserve compensation. period. But that's not the way the courts will see it, especially the defense attorney, who's job it is to see his client not have to pay your expenses, not have the store insurance go up, etc.
Writing a letter in a professional manner, politely firm, expecting them to take care of the matter monetarily might do it.
If you do choose to go to court, be ready to answer seemingly stupid questions and prove that it was their fault entirely. Consider, also, the lost wages while in court, the cost of losing, having to pay all court costs, etc.
Weigh it all and see where you find something you can live with. I agree that we are a very litigious society, but maybe just suggesting it to the store is enough.
Also before you do so, look them up in the BBB or a few other places I can turn you onto to check out the history of it's business. If they've had other slip and fall accidents and/or lawsuits, this will be to your advantage and weight heavier in your case, whether quietly between you and them or at the courthouse.
The manager did a incident report. Also, a woman helped me off the floor cause my knee wasnt working properly. She gave me her business card. It was also in front of the pharmacy..so it behoves me that no one saw other than the color was almost the same of the floor.
The manager did a incident report. Also, a woman helped me off the floor cause my knee wasnt working properly. She gave me her business card. It was also in front of the pharmacy..so it behoves me that no one saw other than the color was almost the same of the floor.
That incident report, and the lady with the business card will be all you need for proof (if they go that far).
I'm thinking the business will be reasonable enough to pay for your medical bills.
(It might be pushing it, to get free groceries for a year!) :D-->
I work in a grocery store and am responsible for processing and tracking all liability claims.
Unless this is a mom & pop or independent owner/operator with no insurance, then it is the insurance company who you will be dealing with and who ultimately will be reimbursing you. Most insurance companies will pay without hesitation unless the store gives them reason to believe that there is fraud involved, in which case an investigator will be assigned.
Get the name & number of the insurance company, as well as the claim number and name of the claim rep, or have them call you.
Unless you are trying to get a settlement over and above the medical bills (loss of income, etc), then getting a lawyer involved, or even hinting that you are thinking of taking legal action will effectively cut off your communication with the store manager. Where I work, once "lawyer" is mentioned, or that there is intention to sue, we refer all questions to our corporate lawyer. Otherwise we submit the claim to the insurance company, who will generally pay without delay.
There are bogus claims, but those are paid as well, unless fraud can be proved.
I am going to take lawyers advise and get a ct or mri. Im in the medical field and know this is something not be taken lightly. It would be good closure and insure there is no further damage.
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bliss
I have 2 thoughts..
My mom was carrying my brand new baby sis(29years ago) and some kids left bicycles right outside the doors to the store....my mom couldn't see them in time and fell and my 2 day old sis got a concusion. Who's at fault, well all 3, 1 for not looking down, another for leaving their bikes, and another for not cleaning up the front of store...bottom line she just wanted the medical bill paid so that is what she did out of court. So that would be my advice, write a nice letter to the company or Manager and just let them know the deal.. **** happens, we all blow it, don't let lawyers get in the way of mistakes....I have spilled ice and water on my kitchen floor and forgot to pick it up and then watched in horror as my little ones flew across it on their head.............bad mommy
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bliss
i am not sure if that was really 2 thoughts...or just one BIG ONE!!hehehe
:D-->
bliss
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bliss
oh sorry
:o--> eagle, I hope your knee gets better real soon, I be prayin!
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Shellon
I'd suggest a letter to the grocery store owner/manager and explain your situation, ask to meet and come to an amicable agreement, at least for your medical expenses.
Include that you've persued legal ramification and would rather not subject either of you to that.
The law says that the property owner has duty to provide you,the consumer with a "reasonably" safe shopping experience.
Therefore, if your accident was because the grocery was not reasonably safe for your shopping experience, it's your duty to prove same.
The place the defense gets outa this stuff is when there are wet floor signs out and the consumer enters the area anyway. The judge can see that the owner did offer reasonably safe conditions and the consumer knew it.
Keep meticulous records of your expenses, see if you and the owner can't work out something that you both can live with.
Another thing that sounds ridiculous, but did anyone else see you fall in that store? Can you prove in court that your injury was sustained there?
Would any of those witnesses testify that s/he saw the glob of slippery stuff, you should have seen it too?
In our world, it should be as simple as you fell and caused bodily harm, you deserve compensation. period. But that's not the way the courts will see it, especially the defense attorney, who's job it is to see his client not have to pay your expenses, not have the store insurance go up, etc.
Writing a letter in a professional manner, politely firm, expecting them to take care of the matter monetarily might do it.
If you do choose to go to court, be ready to answer seemingly stupid questions and prove that it was their fault entirely. Consider, also, the lost wages while in court, the cost of losing, having to pay all court costs, etc.
Weigh it all and see where you find something you can live with. I agree that we are a very litigious society, but maybe just suggesting it to the store is enough.
Also before you do so, look them up in the BBB or a few other places I can turn you onto to check out the history of it's business. If they've had other slip and fall accidents and/or lawsuits, this will be to your advantage and weight heavier in your case, whether quietly between you and them or at the courthouse.
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likeaneagle
The manager did a incident report. Also, a woman helped me off the floor cause my knee wasnt working properly. She gave me her business card. It was also in front of the pharmacy..so it behoves me that no one saw other than the color was almost the same of the floor.
Thank you Bliss & Shellon
very blessed
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Shellon
Ah! These are all good points then.
Good luck, I'd go for it, but also understand your concerns and questions.
I might be able to help some. Let me know as you go along won't you?
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dmiller
That incident report, and the lady with the business card will be all you need for proof (if they go that far).
I'm thinking the business will be reasonable enough to pay for your medical bills.
(It might be pushing it, to get free groceries for a year!)
:D-->
Good luck, and get better quickly.
:)-->
David
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dmiller
ps --- forgot to mention -- if that happened to me, I'd be talking with management first to work out an acceptable deal.
If they refused to listen, then I would go the lawyer route -- but I would at least give them a chance to make amends first, and avoid a lawsuit.
But then again, that is me.
:)-->
David
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Oakspear
I work in a grocery store and am responsible for processing and tracking all liability claims.
Unless this is a mom & pop or independent owner/operator with no insurance, then it is the insurance company who you will be dealing with and who ultimately will be reimbursing you. Most insurance companies will pay without hesitation unless the store gives them reason to believe that there is fraud involved, in which case an investigator will be assigned.
Get the name & number of the insurance company, as well as the claim number and name of the claim rep, or have them call you.
Unless you are trying to get a settlement over and above the medical bills (loss of income, etc), then getting a lawyer involved, or even hinting that you are thinking of taking legal action will effectively cut off your communication with the store manager. Where I work, once "lawyer" is mentioned, or that there is intention to sue, we refer all questions to our corporate lawyer. Otherwise we submit the claim to the insurance company, who will generally pay without delay.
There are bogus claims, but those are paid as well, unless fraud can be proved.
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likeaneagle
thank you all-
I am going to take lawyers advise and get a ct or mri. Im in the medical field and know this is something not be taken lightly. It would be good closure and insure there is no further damage.
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ChattyKathy
Sounds like you've been given great advice. My prayers will be with you for full recovery.
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